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Altruistic Surrogacy Arrangements

The recent decision of the Family Court of Australia in the case of Mason and Mason and another, highlights the different outcomes that can result between the Surrogacy Arrangements in Queensland and the more limited options available under the Family Law Act. Whilst this case was decided in New South Wales the outcome would have […]

Altruistic Surrogacy Arrangements

Altruistic Surrogacy Arrangements

The recent decision of the Family Court of Australia in the case of Mason and Mason and another, highlights the different outcomes that can result between the Surrogacy Arrangements in Queensland and the more limited options available under the Family Law Act.

Whilst this case was decided in New South Wales the outcome would have been very similar in Queensland. In the case of Mason, because the applicants to the Court were not able to follow the requirements of the Surrogacy Act and seek a Parentage Order under that Act transferring Parentage to them as the new parents who were intending to care for the child, they were unable to obtain a declaration that they are the parents of the child. Whilst they were able to obtain Orders granting them parental responsibility the child’s birth certificate cannot be changed. This would be possible if an Application had been able to have been made under the Surrogacy Act. For advice in relation to Altruistic Surrogacy Arrangements please contact Ian Field at Aylward Game Solicitors.

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